Advocacy in Action | December 2023

 

December 2023

Advocacy in Action | December 2023

As the holiday season approaches, we want to express our gratitude to the dedicated volunteers who have been the driving force behind CBABC’s advocacy initiatives. While working hard on the Agenda for Justice 2024, we also have some great accomplishments to share.

Restorative Justice

In September, the Ministry of Public Safety and Solicitor General responded to CBABC recommendations to expand the Community Accountability Program guidelines to include, where appropriate, referrals to restorative justice programs for power-based crimes. The Ministry advised they’re holding consultations and invited further engagement as related initiatives progress. The Restorative Justice Committee organized a webinar, “Restorative Justice in the Legal Landscape,” as part of Restorative Justice Week in November.

Judicial Appointments

In response to CBABC’s submission urging the Canadian government to appoint justices to the B.C. Supreme Court and re-establish the Judicial Advisory Committee in B.C., the federal Minister of Justice expressed appreciation for our recommendations and noted their continual efforts to improve the appointment process. We are pleased to see progress, including the re-establishment of the JAC and new appointments, and will continue to monitor actions taken.

Artificial Intelligence and the Law

CBABC delivered a submission to the British Columbia Law Institute in October in response to their Consultation Paper on AI and Civil Liability, in which we considered their proposals to enhance access to justice through updating tort law. We support applying the negligence framework to address AI-caused harm but caution that limitations of AI technology may disproportionately impact vulnerable populations.

Regulation of the Profession

In October, the Attorney General informed CBABC that the proposed legislation setting out the creation of a single legal regulator has been delayed to Spring 2024. We continue to engage with government, including a meeting with the Attorney General and voice our support for a single regulator model — but not at the expense of preserving lawyers’ independence and self-regulation.

Access to Justice Week

The fourth annual national Access to Justice Week took place from October 23 to 27 centred around Canada’s Justice Development Goals. In partnership with Access to Justice BC, CBABC hosted a panel discussion that brought together over 50 lawyers to discuss how B.C. might advance access to justice and meet everyday legal needs (Justice Development Goal #2). Among other things, this panel examined efforts to address legal services gaps, foster innovation and expand the scope of legal aid, including modernization and unbundled legal services. In addition, A2J BC led a panel on the application of the open court principle to virtual hearing processes in the administrative tribunal context. The PD recordings are available on our website. Our Access to Justice Committee is preparing another event for A2J Week BC in February 2024.

Advancing Reconciliation

As legal professionals, it is crucial we understand how the legacy of residential schools has influenced the justice system and work to implement the Truth and Reconciliation Commission’s Calls to Action into our practice. Following National Day for Truth and Reconciliation, we encourage our members to explore our educational resources, including the recently-released A Lawyer’s Guide to UNDRIP, along with our Advancing Reconciliation Series.